What to do about an alleged breached stipulation agreement regarding an unlawful detainer?

I’ve entered into a stipulated arrangement with the landlord in court during the unlawful detainer proceedings. The courts issued the judgment against me but with the stipulated agreement that both the landlord and I agreed to.They’ve since threatened to to file a writ of possession for the property claiming that I am not agreeing to the arrangement. Do they need to prove this in front of the judge that the arrangement has been broken before requesting the writ of possession? Will I be able to prove in court again that they are lying?

Asked on July 10, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will be provided notice that they are claiming that you breached the stipulation and are seeking a writ of possession on that basis; you will therefore have the opportunity to go to court and dispute their case. You could also file an application for relief, such as by filing what's often known as an "order to show cause" (a request for a court order), either pre-emptively, if you believe they are harassing you or otherwise violating the stipulation, or after a writ is issued.


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